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(영문) 광주지방법원 2016.01.21 2015고단4615

교통사고처리특례법위반등

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A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 16, 2009, the Defendant was notified of a summary order of KRW 2 million for a crime of violating the Road Traffic Act at the Gwangju District Court on February 16, 2009, and was notified of a summary order of KRW 2.5 million for the same crime at the same court on May 17, 2012.

The Defendant is also a person who is engaged in driving a passenger car.

On October 16, 2015, the Defendant driven the said car with alcohol level of 0.141% at around 00:25, without obtaining a driver’s license. While driving the said car while under the influence of alcohol level of 0.141% on the blood, and driving it from the third apartment of the C (34 years old) of the victim C (34 years old) driving, who was directly engaged in the fright-hand-hand-hand-hand-on-hand-on-hand-on-hand-hand-on-hand-on-hand-hand-on-hand-hand-on-hand-on-hand-on-hand-on-hand-on-hand-on-hand-on-hand-on-hand-on-hand-on-hand-on-hand-on-hand-on-hand-on-hand-on-hand-on-on-hand-on-hand-on-on-on-on-on-on-on-on-on-on-on-on-on-on-on-on-on-on-on-on-on-on-on-on-on-on-on-on-on-on-k.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. E statements;

1. A traffic accident report;

1. A report on the detection of a primary driver;

1. The driver's license ledger;

1. Each written diagnosis;

1. Previous conviction: Application of a reply to inquiry, such as criminal history, and a copy of a summary order;

1. Article 3 (1), the proviso to Article 3 (2) 1, 7, and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act, Article 152 subparagraph 1, and Article 43 of the Road Traffic Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Imprisonment with prison labor for a crime of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Sentence and a violation of the Road Traffic Act;